The Samara SS of the Investigation Committee completed the investigation of another criminal case against SMT CEO Sergey Shatilo, who already appears in another criminal trial as accused of organizing a cartel collusion. According to the local newspaper Samarskoye Obozreniye, investigators accused Shatilo of three episodes of delivering medical equipment to local hospitals that do not have appropriate registration documents for a total of 150 million rubles.
According to the materials of the investigation, in 2016 LLC "SMT" delivered to the Samara State Library No. 1 of them. N.I. Pirogov Chinese tomograph scanner i_Open 0.4T, but the hospital acceptance committee found the contract "not performed completely" and refused to close the deal.
For the sake of reinforcing its position, GB No. 1 initiated the examination of the Federal State Research Institution VNIIIMIM of Roszdravnadzor. From the conclusion prepared by February, 2017, that the tomograph does not correspond to the registration dossier set to RU No. РЗН2015 / 2371 and in general i_Open 0.4T does not correspond to the requirements of the contract, its use is impossible, because "the quality, efficiency and safety of the medical device are not confirmed".
Shatilo tried to appeal to the manufacturer of the device - the Chinese "Chin Resurses Wandong Medical Equipments", sending a letter to the company with the demand to make the required changes in the set of registration documents. But this attempt of the entrepreneur to follow all the procedures was later evaluated by the investigation as an awareness of the general director of the supplier company about the unconditionality of the contracted product.
The second episode, attached to a new criminal case, is also connected with the delivery of medical equipment in GB # 1, this time - the Brivo MR355 magnetic resonance tomograph and the modular design for its mobile use. At the end of 2016, the hospital and the distributor signed all the documents closing the transaction, but in January 2017, the Federal State Research Institution "VNIIIMIM" Roszdravnadzor again gave a negative expert opinion on the equipment. Medical equipment in a similar scheme was recognized as not meeting the requirements of the municipal contract.
The third episode is also based on the expertise of the VNIIIMIT FGBU. This time, Roszdravnadzor specialists rejected 17 units of ventilators for newborns delivered by LLC "SMT" to the Samara regional perinatal center. All three cases, according to the SS SK version, fall under the scope of Art. 238.1 (handling of falsified, poor-quality and unregistered medicines, medical products and turnover of adulterated biologically active additives).
Shatilo himself does not admit accusations, noting that there were no violations. "Well, there was a badge on the wrong place, the instructions were not the same word, the 18-inch monitor we replaced with a 24-inch monitor, that is, in fact, improved the product's characteristics," the Samara Observer quotes. - In general, all the changes we made were only in the direction of improving the characteristics. In particular, we have attended to the delivery of a more perfect version of children's bowls. Now absolutely all the changes have been registered, but there is a letter from Roszdravnadzor that at that time the equipment was not registered, and the investigation is guided by this letter. In Europe, everything that improves the characteristics of equipment, does not need registration. And we Roszdravnadzor introduced such draconian rules that even a different color of the keyboard keys is considered a crime. "
Currently, the owner and CEO of SMT, Sergei Shatilo, is a figurant in a commercial bribery case during an auction for maintenance and repair of medical equipment in 23 Samara hospitals for a total of 728 million rubles. The cost of spare parts required for serviced equipment, according to competitive documentation, exceeded 4 billion rubles.
The materials of this criminal case served as an excuse for instituting an antimonopoly case. At the beginning of August, the Eleventh Arbitration Court of Appeal upheld the arbitration award, which found the arguments of the regional OFAS on the violation of "SMT" in the course of the struggle for the service contract of the law "On Protection of Competition" justified.